S. 4599--A 2
2. EXEMPTION FROM TAXATION SHALL NOT BE GRANTED IN THE CASE OF REAL
PROPERTY WHERE A CHILD RESIDES IF SUCH CHILD ATTENDS A PUBLIC SCHOOL OF
ELEMENTARY OR SECONDARY EDUCATION, UNLESS THE GOVERNING BOARD OF THE
SCHOOL DISTRICT IN WHICH THE PROPERTY IS LOCATED, AFTER PUBLIC HEARING,
ADOPTS A RESOLUTION PROVIDING FOR SUCH EXEMPTION; PROVIDED THAT ANY SUCH
RESOLUTION SHALL CONDITION SUCH EXEMPTION UPON SATISFACTORY PROOF THAT
THE CHILD WAS NOT BROUGHT INTO THE RESIDENCE IN WHOLE OR IN SUBSTANTIAL
PART FOR THE PURPOSE OF ATTENDING A PARTICULAR SCHOOL WITHIN THE
DISTRICT. THE PROCEDURE FOR SUCH HEARING AND RESOLUTION MUST BE
CONDUCTED SEPARATELY FROM THE PROCEDURE FOR ANY HEARING AND LOCAL LAW,
ORDINANCE OR RESOLUTION CONDUCTED PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
SION ONE OF THIS SECTION.
3. NO EXEMPTION SHALL BE GRANTED:
(A) IF THE INCOME OF THE OWNER OR THE COMBINED INCOME OF THE OWNERS OF
THE PROPERTY FOR THE INCOME TAX YEAR IMMEDIATELY PRECEDING THE DATE OF
MAKING APPLICATION FOR EXEMPTION EXCEEDS THE SUM OF NINETY-TWO THOUSAND
DOLLARS AND IN A CITY WITH A POPULATION OF ONE MILLION OR MORE EIGHTY
THOUSAND, AS PROVIDED BY THE LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED
PURSUANT TO THIS SECTION. INCOME TAX YEAR SHALL MEAN THE TWELVE MONTH
PERIOD FOR WHICH THE OWNER OR OWNERS FILED A FEDERAL PERSONAL INCOME TAX
RETURN, OR IF NO SUCH RETURN IS FILED, THE CALENDAR YEAR. WHERE TITLE IS
VESTED IN EITHER THE HUSBAND OR THE WIFE, THEIR COMBINED INCOME MAY NOT
EXCEED SUCH SUM, EXCEPT WHERE THE HUSBAND OR WIFE, OR EX-HUSBAND OR
EX-WIFE IS ABSENT FROM THE PROPERTY AS PROVIDED IN SUBPARAGRAPH (II) OF
PARAGRAPH (D) OF THIS SUBDIVISION, THEN ONLY THE INCOME OF THE SPOUSE OR
EX-SPOUSE RESIDING ON THE PROPERTY SHALL BE CONSIDERED AND MAY NOT
EXCEED SUCH SUM. SUCH INCOME SHALL INCLUDE SOCIAL SECURITY AND RETIRE-
MENT BENEFITS, INTEREST, DIVIDENDS, TOTAL GAIN FROM THE SALE OR EXCHANGE
OF A CAPITAL ASSET WHICH MAY BE OFFSET BY A LOSS FROM THE SALE OR
EXCHANGE OF A CAPITAL ASSET IN THE SAME INCOME TAX YEAR, NET RENTAL
INCOME, SALARY OR EARNINGS, AND NET INCOME FROM SELF-EMPLOYMENT, BUT
SHALL NOT INCLUDE A RETURN OF CAPITAL, GIFTS, INHERITANCES, PAYMENTS
MADE TO INDIVIDUALS BECAUSE OF THEIR STATUS AS VICTIMS OF NAZI PERSE-
CUTION, AS DEFINED IN P.L. 103-286 OR MONIES EARNED THROUGH EMPLOYMENT
IN THE FEDERAL FOSTER GRANDPARENT PROGRAM AND ANY SUCH INCOME SHALL BE
OFFSET BY ALL MEDICAL AND PRESCRIPTION DRUG EXPENSES ACTUALLY PAID WHICH
WERE NOT REIMBURSED OR PAID FOR BY INSURANCE, IF THE GOVERNING BOARD OF
A MUNICIPALITY, AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR
RESOLUTION PROVIDING THEREFOR. IN ADDITION, AN EXCHANGE OF AN ANNUITY
FOR AN ANNUITY CONTRACT, WHICH RESULTED IN NON-TAXABLE GAIN, AS DETER-
MINED IN SECTION ONE THOUSAND THIRTY-FIVE OF THE INTERNAL REVENUE CODE,
SHALL BE EXCLUDED FROM SUCH INCOME. PROVIDED THAT SUCH EXCLUSION SHALL
BE BASED ON SATISFACTORY PROOF THAT SUCH AN EXCHANGE WAS SOLELY AN
EXCHANGE OF AN ANNUITY FOR AN ANNUITY CONTRACT THAT RESULTED IN A NON-
TAXABLE TRANSFER DETERMINED BY SUCH SECTION OF THE INTERNAL REVENUE
CODE. FURTHERMORE, SUCH INCOME SHALL NOT INCLUDE THE PROCEEDS OF A
REVERSE MORTGAGE, AS AUTHORIZED BY SECTION SIX-H OF THE BANKING LAW, AND
SECTIONS TWO HUNDRED EIGHTY AND TWO HUNDRED EIGHTY-A OF THE REAL PROPER-
TY LAW; PROVIDED, HOWEVER, THAT MONIES USED TO REPAY A REVERSE MORTGAGE
MAY NOT BE DEDUCTED FROM INCOME, AND PROVIDED ADDITIONALLY THAT ANY
INTEREST OR DIVIDENDS REALIZED FROM THE INVESTMENT OF REVERSE MORTGAGE
PROCEEDS SHALL BE CONSIDERED INCOME. THE PROVISIONS OF THIS PARAGRAPH
NOTWITHSTANDING, SUCH INCOME SHALL NOT INCLUDE VETERANS DISABILITY
COMPENSATION, AS DEFINED IN TITLE 38 OF THE UNITED STATES CODE PROVIDED
THE GOVERNING BOARD OF SUCH MUNICIPALITY, AFTER PUBLIC HEARING, ADOPTS A
LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR. IN COMPUTING NET
S. 4599--A 3
RENTAL INCOME AND NET INCOME FROM SELF-EMPLOYMENT NO DEPRECIATION
DEDUCTION SHALL BE ALLOWED FOR THE EXHAUSTION, WEAR AND TEAR OF REAL OR
PERSONAL PROPERTY HELD FOR THE PRODUCTION OF INCOME;
(B) UNLESS THE OWNER SHALL HAVE HELD AN EXEMPTION UNDER THIS SECTION
FOR HIS PREVIOUS RESIDENCE OR UNLESS THE TITLE OF THE PROPERTY SHALL
HAVE BEEN VESTED IN THE OWNER OR ONE OF THE OWNERS OF THE PROPERTY FOR
AT LEAST TWELVE CONSECUTIVE MONTHS PRIOR TO THE DATE OF MAKING APPLICA-
TION FOR EXEMPTION, PROVIDED, HOWEVER, THAT IN THE EVENT OF THE DEATH OF
EITHER A HUSBAND OR WIFE IN WHOSE NAME TITLE OF THE PROPERTY SHALL HAVE
BEEN VESTED AT THE TIME OF DEATH AND THEN BECOMES VESTED SOLELY IN THE
SURVIVOR BY VIRTUE OF DEVISE BY OR DESCENT FROM THE DECEASED HUSBAND OR
WIFE, THE TIME OF OWNERSHIP OF THE PROPERTY BY THE DECEASED HUSBAND OR
WIFE SHALL BE DEEMED ALSO A TIME OF OWNERSHIP BY THE SURVIVOR AND SUCH
OWNERSHIP SHALL BE DEEMED CONTINUOUS FOR THE PURPOSES OF COMPUTING SUCH
PERIOD OF TWELVE CONSECUTIVE MONTHS. IN THE EVENT OF A TRANSFER BY
EITHER A HUSBAND OR WIFE TO THE OTHER SPOUSE OF ALL OR PART OF THE TITLE
TO THE PROPERTY, THE TIME OF OWNERSHIP OF THE PROPERTY BY THE TRANSFEROR
SPOUSE SHALL BE DEEMED ALSO A TIME OF OWNERSHIP BY THE TRANSFEREE SPOUSE
AND SUCH OWNERSHIP SHALL BE DEEMED CONTINUOUS FOR THE PURPOSES OF
COMPUTING SUCH PERIOD OF TWELVE CONSECUTIVE MONTHS. WHERE PROPERTY OF
THE OWNER OR OWNERS HAS BEEN ACQUIRED TO REPLACE PROPERTY FORMERLY OWNED
BY SUCH OWNER OR OWNERS AND TAKEN BY EMINENT DOMAIN OR OTHER INVOLUNTARY
PROCEEDING, EXCEPT A TAX SALE, THE PERIOD OF OWNERSHIP OF THE FORMER
PROPERTY SHALL BE COMBINED WITH THE PERIOD OF OWNERSHIP OF THE PROPERTY
FOR WHICH APPLICATION IS MADE FOR EXEMPTION AND SUCH PERIODS OF OWNER-
SHIP SHALL BE DEEMED TO BE CONSECUTIVE FOR PURPOSES OF THIS SECTION.
WHERE A RESIDENCE IS SOLD AND REPLACED WITH ANOTHER WITHIN ONE YEAR AND
BOTH RESIDENCES ARE WITHIN THE STATE, THE PERIOD OF OWNERSHIP OF BOTH
PROPERTIES SHALL BE DEEMED CONSECUTIVE FOR PURPOSES OF THE EXEMPTION
FROM TAXATION BY A MUNICIPALITY WITHIN THE STATE GRANTING SUCH
EXEMPTION. WHERE THE OWNER OR OWNERS TRANSFER TITLE TO PROPERTY WHICH AS
OF THE DATE OF TRANSFER WAS EXEMPT FROM TAXATION UNDER THE PROVISIONS OF
THIS SECTION, THE REACQUISITION OF TITLE BY SUCH OWNER OR OWNERS WITHIN
NINE MONTHS OF THE DATE OF TRANSFER SHALL BE DEEMED TO SATISFY THE
REQUIREMENT OF THIS PARAGRAPH THAT THE TITLE OF THE PROPERTY SHALL HAVE
BEEN VESTED IN THE OWNER OR ONE OF THE OWNERS FOR SUCH PERIOD OF TWELVE
CONSECUTIVE MONTHS. WHERE, UPON OR SUBSEQUENT TO THE DEATH OF AN OWNER
OR OWNERS, TITLE TO PROPERTY WHICH AS OF THE DATE OF SUCH DEATH WAS
EXEMPT FROM TAXATION UNDER SUCH PROVISIONS, BECOMES VESTED, BY VIRTUE OF
DEVISE OR DESCENT FROM THE DECEASED OWNER OR OWNERS, OR BY TRANSFER BY
ANY OTHER MEANS WITHIN NINE MONTHS AFTER SUCH DEATH, SOLELY IN A PERSON
OR PERSONS WHO, AT THE TIME OF SUCH DEATH, MAINTAINED SUCH PROPERTY AS A
PRIMARY RESIDENCE, THE REQUIREMENT OF THIS PARAGRAPH THAT THE TITLE OF
THE PROPERTY SHALL HAVE BEEN VESTED IN THE OWNER OR ONE OF THE OWNERS
FOR SUCH PERIOD OF TWELVE CONSECUTIVE MONTHS SHALL BE DEEMED SATISFIED;
(C) UNLESS THE PROPERTY IS USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES,
PROVIDED, HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT
SO USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES BUT IS USED FOR OTHER
PURPOSES, SUCH PORTION SHALL BE SUBJECT TO TAXATION AND THE REMAINING
PORTION ONLY SHALL BE ENTITLED TO THE EXEMPTION PROVIDED BY THIS
SECTION;
(D) UNLESS THE REAL PROPERTY IS THE LEGAL RESIDENCE OF AND IS OCCUPIED
IN WHOLE OR IN PART BY THE OWNER OR BY ALL OF THE OWNERS OF THE PROPER-
TY: EXCEPT WHERE, (I) AN OWNER IS ABSENT FROM THE RESIDENCE WHILE
RECEIVING HEALTH-RELATED CARE AS AN INPATIENT OF A RESIDENTIAL HEALTH
CARE FACILITY, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE
S. 4599--A 4
PUBLIC HEALTH LAW, PROVIDED THAT ANY INCOME ACCRUING TO THAT PERSON
SHALL ONLY BE INCOME ONLY TO THE EXTENT THAT IT EXCEEDS THE AMOUNT PAID
BY SUCH OWNER, SPOUSE, OR CO-OWNER FOR CARE IN THE FACILITY, AND
PROVIDED FURTHER, THAT DURING SUCH CONFINEMENT SUCH PROPERTY IS NOT
OCCUPIED BY OTHER THAN THE SPOUSE OR CO-OWNER OF SUCH OWNER; OR, (II)
THE REAL PROPERTY IS OWNED BY A HUSBAND AND/OR WIFE, OR AN EX-HUSBAND
AND/OR AN EX-WIFE, AND EITHER IS ABSENT FROM THE RESIDENCE DUE TO
DIVORCE, LEGAL SEPARATION OR ABANDONMENT AND ALL OTHER PROVISIONS OF
THIS SECTION ARE MET PROVIDED THAT WHERE AN EXEMPTION WAS PREVIOUSLY
GRANTED WHEN BOTH RESIDED ON THE PROPERTY, THEN THE PERSON REMAINING ON
THE REAL PROPERTY SHALL BE SIXTY-TWO YEARS OF AGE OR OVER.
4. (A) FOR THE PURPOSES OF THIS SECTION, TITLE TO THAT PORTION OF REAL
PROPERTY OWNED BY A COOPERATIVE APARTMENT CORPORATION IN WHICH A
TENANT-STOCKHOLDER OF SUCH CORPORATION RESIDES AND WHICH IS REPRESENTED
BY HIS SHARE OR SHARES OF STOCK IN SUCH CORPORATION AS DETERMINED BY ITS
OR THEIR PROPORTIONAL RELATIONSHIP TO THE TOTAL OUTSTANDING STOCK OF THE
CORPORATION, INCLUDING THAT OWNED BY THE CORPORATION, SHALL BE DEEMED TO
BE VESTED IN SUCH TENANT-STOCKHOLDER.
(B) THAT PROPORTION OF THE ASSESSMENT OF SUCH REAL PROPERTY OWNED BY A
COOPERATIVE APARTMENT CORPORATION DETERMINED BY THE RELATIONSHIP OF SUCH
REAL PROPERTY VESTED IN SUCH TENANT-STOCKHOLDER TO SUCH ENTIRE PARCEL
AND THE BUILDINGS THEREON OWNED BY SUCH COOPERATIVE APARTMENT CORPO-
RATION IN WHICH SUCH TENANT-STOCKHOLDER RESIDES SHALL BE SUBJECT TO
EXEMPTION FROM TAXATION PURSUANT TO THIS SECTION AND ANY EXEMPTION SO
GRANTED SHALL BE CREDITED BY THE APPROPRIATE TAXING AUTHORITY AGAINST
THE ASSESSED VALUATION OF SUCH REAL PROPERTY; THE REDUCTION IN REAL
PROPERTY TAXES REALIZED THEREBY SHALL BE CREDITED BY THE COOPERATIVE
APARTMENT CORPORATION AGAINST THE AMOUNT OF SUCH TAXES OTHERWISE PAYABLE
BY OR CHARGEABLE TO SUCH TENANT-STOCKHOLDER.
(C) REAL PROPERTY MAY BE EXEMPT FROM TAXATION PURSUANT TO THIS SUBDI-
VISION BY A MUNICIPALITY IN WHICH SUCH PROPERTY IS LOCATED ONLY IF THE
GOVERNING BOARD OF SUCH MUNICIPALITY, AFTER PUBLIC HEARING, ADOPTS A
LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR. NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, ANY LOCAL LAW, ORDINANCE OR RESOL-
UTION ADOPTED PURSUANT TO THIS PARAGRAPH MAY PROVIDE, OR BE AMENDED TO
PROVIDE, THAT A TENANT-STOCKHOLDER WHO RESIDES IN A DWELLING WHICH IS
SUBJECT TO THE PROVISIONS OF EITHER ARTICLE TWO, FOUR, FIVE OR ELEVEN OF
THE PRIVATE HOUSING FINANCE LAW AND WHO IS ELIGIBLE FOR A RENT INCREASE
EXEMPTION PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEVEN-C OF THIS TITLE
SHALL NOT BE ELIGIBLE FOR AN EXEMPTION PURSUANT TO THIS SUBDIVISION AND
THAT A TENANT-STOCKHOLDER WHO RESIDES IN A DWELLING WHICH IS SUBJECT TO
THE PROVISIONS OF EITHER ARTICLE TWO, FOUR, FIVE OR ELEVEN OF THE
PRIVATE HOUSING FINANCE LAW AND WHO IS NOT ELIGIBLE FOR A RENT INCREASE
EXEMPTION PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEVEN-C OF THIS TITLE
BUT WHO MEETS THE REQUIREMENTS FOR ELIGIBILITY FOR AN EXEMPTION PURSUANT
TO THIS SECTION SHALL BE ELIGIBLE FOR SUCH EXEMPTION PROVIDED THAT SUCH
EXEMPTION SHALL BE IN AN AMOUNT DETERMINED BY MULTIPLYING THE EXEMPTION
OTHERWISE ALLOWABLE PURSUANT TO THIS SECTION BY A FRACTION HAVING A
NUMERATOR EQUAL TO THE AMOUNT OF REAL PROPERTY TAXES OR PAYMENTS IN LIEU
OF TAXES THAT WERE PAID WITH RESPECT TO SUCH DWELLING AND A DENOMINATOR
EQUAL TO THE FULL AMOUNT OF REAL PROPERTY TAXES THAT WOULD HAVE BEEN
OWED WITH RESPECT TO SUCH DWELLING HAD IT NOT BEEN GRANTED AN EXEMPTION
OR ABATEMENT OF REAL PROPERTY TAXES PURSUANT TO ANY PROVISION OF LAW,
PROVIDED, HOWEVER, THAT ANY REDUCTION IN REAL PROPERTY TAXES RECEIVED
WITH RESPECT TO SUCH DWELLING PURSUANT TO THIS SECTION OR SECTION FOUR
HUNDRED SIXTY-SEVEN-C OF THIS TITLE SHALL NOT BE CONSIDERED IN CALCULAT-
S. 4599--A 5
ING SUCH NUMERATOR. ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION THAT SO
PROVIDES, OR IS AMENDED TO SO PROVIDE, SHALL ALSO PROVIDE THAT A
TENANT-STOCKHOLDER WHO RESIDES IN A DWELLING WHICH WAS OR CONTINUES TO
BE SUBJECT TO A MORTGAGE INSURED OR INITIALLY INSURED BY THE FEDERAL
GOVERNMENT PURSUANT TO SECTION TWO HUNDRED THIRTEEN OF THE NATIONAL
HOUSING ACT, AS AMENDED, AND WHO IS ELIGIBLE FOR BOTH A RENT INCREASE
EXEMPTION PURSUANT TO SECTION FOUR HUNDRED SIXTY-SEVEN-C OF THIS TITLE
AND AN EXEMPTION PURSUANT TO THIS SUBDIVISION, MAY APPLY FOR AND RECEIVE
EITHER A RENT INCREASE EXEMPTION PURSUANT TO SECTION FOUR HUNDRED
SIXTY-SEVEN-C OF THIS TITLE OR AN EXEMPTION PURSUANT TO THIS SUBDIVI-
SION, BUT NOT BOTH.
5. THE COMMISSIONER SHALL DEVELOP, MAKE AVAILABLE AND DISTRIBUTE TO
ANY MUNICIPAL CORPORATION WHICH REQUESTS IT, A FORM FOR THE PURPOSE OF
ADMINISTERING THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION.
6. EVERY MUNICIPAL CORPORATION IN WHICH SUCH REAL PROPERTY IS LOCATED
SHALL NOTIFY, OR CAUSE TO BE NOTIFIED, EACH PERSON OWNING RESIDENTIAL
REAL PROPERTY IN SUCH MUNICIPAL CORPORATION OF THE PROVISIONS OF THIS
SECTION. THE PROVISIONS OF THIS SUBDIVISION MAY BE MET BY A NOTICE OR
LEGEND SENT ON OR WITH EACH TAX BILL TO SUCH PERSONS READING "YOU MAY BE
ELIGIBLE FOR SENIOR CITIZEN SCHOOL TAX EXEMPTIONS. SENIOR CITIZENS HAVE
UNTIL MONTH.........., DAY......., YEAR......, TO APPLY FOR SUCH
EXEMPTIONS. FOR INFORMATION PLEASE CALL OR WRITE....," FOLLOWED BY THE
NAME, TELEPHONE NUMBER AND/OR ADDRESS OF A PERSON OR DEPARTMENT SELECTED
BY THE MUNICIPAL CORPORATION TO EXPLAIN THE PROVISIONS OF THIS SECTION.
EACH COOPERATIVE APARTMENT CORPORATION SHALL NOTIFY EACH TENANT-STOCK-
HOLDER THEREOF IN RESIDENCE OF SUCH PROVISIONS AS SET FORTH HEREIN.
FAILURE TO NOTIFY, OR CAUSE TO BE NOTIFIED ANY PERSON WHO IS IN FACT,
ELIGIBLE TO RECEIVE THE EXEMPTION PROVIDED BY THIS SECTION OR THE FAIL-
URE OF SUCH PERSON TO RECEIVE THE SAME SHALL NOT PREVENT THE LEVY,
COLLECTION AND ENFORCEMENT OF THE PAYMENT OF THE TAXES ON PROPERTY OWNED
BY SUCH PERSON.
7. (A) A SENIOR CITIZEN ELIGIBLE FOR THE EXEMPTION PROVIDED FOR IN
SUBDIVISION ONE OF THIS SECTION MAY REQUEST THAT A NOTICE BE SENT TO AN
ADULT THIRD PARTY. SUCH REQUEST SHALL BE MADE ON A FORM PRESCRIBED BY
THE COMMISSIONER AND SHALL BE SUBMITTED TO THE ASSESSOR OF THE ASSESSING
UNIT IN WHICH THE ELIGIBLE TAXPAYER RESIDES NO LATER THAN SIXTY DAYS
BEFORE THE LAST APPLICATION DATE FOR THE FIRST TAXABLE STATUS DATE TO
WHICH IT IS TO APPLY. SUCH FORM SHALL PROVIDE A SECTION WHEREBY THE
DESIGNATED THIRD PARTY SHALL CONSENT TO SUCH DESIGNATION. SUCH REQUEST
SHALL BE EFFECTIVE UPON RECEIPT BY THE ASSESSOR. THE ASSESSOR SHALL
MAINTAIN A LIST OF ALL ELIGIBLE PROPERTY OWNERS WHO HAVE REQUESTED
NOTICES PURSUANT TO THIS PARAGRAPH.
(B) A NOTICE SHALL BE SENT TO THE DESIGNATED THIRD PARTY AT LEAST
THIRTY DAYS PRIOR TO THE LAST APPLICATION DATE FOR EACH ENSUING TAXABLE
STATUS DATE; PROVIDED THAT NO SUCH NOTICE NEED BE SENT IN THE FIRST YEAR
IF THE REQUEST WAS NOT RECEIVED BY THE ASSESSOR AT LEAST SIXTY DAYS
BEFORE THE LAST APPLICATION DATE FOR THE APPLICABLE TAXABLE STATUS DATE.
SUCH NOTICE SHALL READ SUBSTANTIALLY AS FOLLOWS: "ON BEHALF OF (IDENTIFY
SENIOR CITIZEN OR CITIZENS), YOU ARE ADVISED THAT HIS, HER, OR THEIR
RENEWAL APPLICATION FOR THE SENIOR EXEMPTION MUST BE FILED WITH THE
ASSESSOR NO LATER THAN (ENTER DATE). YOU ARE ENCOURAGED TO REMIND HIM,
HER, OR THEM OF THAT FACT, AND TO OFFER ASSISTANCE IF NEEDED, ALTHOUGH
YOU ARE UNDER NO LEGAL OBLIGATION TO DO SO. YOUR COOPERATION AND ASSIST-
ANCE ARE GREATLY APPRECIATED."
S. 4599--A 6
(C) A NOTICE SHALL BE SENT TO THE DESIGNATED THIRD PARTY WHENEVER THE
ASSESSOR SENDS A NOTICE TO THE SENIOR CITIZEN REGARDING THE POSSIBLE
REMOVAL OF THE SENIOR EXEMPTION. SUCH NOTICE SHALL READ SUBSTANTIALLY AS
FOLLOWS: "ON BEHALF OF (IDENTIFY SENIOR CITIZEN OR CITIZENS), YOU ARE
ADVISED THAT HIS, HER, OR THEIR SENIOR EXEMPTION IS AT RISK OF BEING
REMOVED. YOU ARE ENCOURAGED TO MAKE SURE THAT HE, SHE OR THEY ARE AWARE
OF THAT FACT, AND TO OFFER ASSISTANCE IF NEEDED, ALTHOUGH YOU ARE UNDER
NO LEGAL OBLIGATION TO DO SO. YOUR COOPERATION AND ASSISTANCE ARE GREAT-
LY APPRECIATED."
(D) THE OBLIGATION TO MAIL SUCH NOTICES SHALL CEASE IF THE ELIGIBLE
TAXPAYER CANCELS THE REQUEST OR CEASES TO QUALIFY FOR THE SENIOR
EXEMPTION.
(E) FAILURE TO MAIL ANY NOTICE REQUIRED BY THIS SUBDIVISION, OR THE
FAILURE OF A PARTY TO RECEIVE SAME, SHALL NOT AFFECT THE VALIDITY OF THE
LEVY, COLLECTION, OR ENFORCEMENT OF TAXES ON PROPERTY OWNED BY SUCH
PERSON, OR IN THE CASE OF A THIRD PARTY NOTICE, ON PROPERTY OWNED BY THE
SENIOR CITIZEN.
8. APPLICATION FOR SUCH EXEMPTION MUST BE MADE BY THE OWNER, OR ALL OF
THE OWNERS OF THE PROPERTY, ON FORMS PRESCRIBED BY THE COMMISSIONER TO
BE FURNISHED BY THE APPROPRIATE ASSESSING AUTHORITY AND SHALL FURNISH
THE INFORMATION AND BE EXECUTED IN THE MANNER REQUIRED OR PRESCRIBED IN
SUCH FORMS, AND SHALL BE FILED IN SUCH ASSESSOR'S OFFICE ON OR BEFORE
THE APPROPRIATE TAXABLE STATUS DATE. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, AT THE OPTION OF THE MUNICIPAL CORPORATION, ANY PERSON OTHERWISE
QUALIFYING UNDER THIS SECTION SHALL NOT BE DENIED THE EXEMPTION UNDER
THIS SECTION IF HE BECOMES SIXTY-FIVE YEARS OF AGE AFTER THE APPROPRIATE
TAXABLE STATUS DATE AND ON OR BEFORE DECEMBER THIRTY-FIRST OF THE SAME
YEAR.
9. ANY LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION MAY BE AMENDED, OR A LOCAL LAW OR ORDI-
NANCE MAY BE ADOPTED TO PROVIDE, NOTWITHSTANDING SUBDIVISION EIGHT OF
THIS SECTION, THAT AN APPLICATION FOR SUCH EXEMPTION MAY BE FILED WITH
THE ASSESSOR AFTER THE APPROPRIATE TAXABLE STATUS DATE BUT NOT LATER
THAN THE LAST DATE ON WHICH A PETITION WITH RESPECT TO COMPLAINTS OF
ASSESSMENT MAY BE FILED, WHERE FAILURE TO FILE A TIMELY APPLICATION
RESULTED FROM: (A) A DEATH OF THE APPLICANT'S SPOUSE, CHILD, PARENT,
BROTHER OR SISTER; OR (B) AN ILLNESS OF THE APPLICANT OR OF THE APPLI-
CANT'S SPOUSE, CHILD, PARENT, BROTHER OR SISTER, WHICH ACTUALLY PREVENTS
THE APPLICANT FROM FILING ON A TIMELY BASIS, AS CERTIFIED BY A LICENSED
PHYSICIAN. THE ASSESSOR SHALL APPROVE OR DENY SUCH APPLICATION AS IF IT
HAD BEEN FILED ON OR BEFORE THE TAXABLE STATUS DATE.
10. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER
PROVISION OF LAW, A COUNTY WITH AN ANNUAL TAXABLE STATUS DATE OF JANUARY
FIRST OR JANUARY SECOND AND WITH A POPULATION OF ONE MILLION OR MORE,
MAY, AT ITS OPTION AND BY AMENDMENT OR ADOPTION OF A LOCAL LAW OR ORDI-
NANCE, AUTHORIZE ITS ASSESSOR TO ACCEPT APPLICATIONS FOR THE EXEMPTION
FROM REAL PROPERTY TAXES AUTHORIZED PURSUANT TO THIS SECTION ON A DATE
LATER THAN SUCH COUNTY'S STATUTORY DEADLINE DATE FOR RECEIVING APPLICA-
TIONS FOR SUCH EXEMPTION. ANY APPLICATION FILED LATER THAN SUCH STATUTO-
RY DEADLINE DATE WHICH IS IN COMPLIANCE WITH SUCH LOCAL LAW OR ORDINANCE
AMENDED OR ADOPTED PURSUANT TO THIS SUBDIVISION AND WHICH MEETS ALL
OTHER NECESSARY REQUIREMENTS FOR GRANTING THE EXEMPTION AUTHORIZED BY
THIS SECTION SHALL BE DEEMED TO HAVE BEEN TIMELY FILED PRIOR TO SUCH
STATUTORY DEADLINE DATE, AND ANY INDIVIDUAL OR INDIVIDUALS FOR WHOM SUCH
AN APPLICATION HAS BEEN FILED SHALL BE GRANTED SUCH EXEMPTION AND SHALL
RECEIVE SUCH EXEMPTION ON THE ASSESSMENT ROLES PREPARED FOR SUCH COUNTY
S. 4599--A 7
ON THE BASIS OF THE TAXABLE STATUS DATE IMMEDIATELY PRECEDING THE DATE
SUCH APPLICATION WAS FILED.
11. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER
PROVISION OF LAW, IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
APPLICATIONS FOR THE EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION SHALL
BE CONSIDERED TIMELY FILED IF THEY ARE FILED ON OR BEFORE THE FIFTEENTH
DAY OF MARCH OF THE APPROPRIATE YEAR.
12. (A) AT LEAST SIXTY DAYS PRIOR TO THE APPROPRIATE TAXABLE STATUS
DATE, THE ASSESSING AUTHORITY SHALL MAIL TO EACH PERSON WHO WAS GRANTED
EXEMPTION PURSUANT TO THIS SECTION ON THE LATEST COMPLETED ASSESSMENT
ROLL AN APPLICATION FORM AND A NOTICE THAT SUCH APPLICATION MUST BE
FILED ON OR BEFORE THE TAXABLE STATUS DATE AND BE APPROVED IN ORDER FOR
THE EXEMPTION TO BE GRANTED. THE ASSESSING AUTHORITY SHALL, WITHIN THREE
DAYS OF THE COMPLETION AND FILING OF THE TENTATIVE ASSESSMENT ROLL,
NOTIFY BY MAIL ANY APPLICANT WHO HAS INCLUDED WITH HIS OR HER APPLICA-
TION AT LEAST ONE SELF-ADDRESSED, PRE-PAID ENVELOPE, OF THE APPROVAL OR
DENIAL OF THE APPLICATION; PROVIDED, HOWEVER, THAT THE ASSESSING AUTHOR-
ITY SHALL, UPON THE RECEIPT AND FILING OF THE APPLICATION, SEND BY MAIL
NOTIFICATION OF RECEIPT TO ANY APPLICANT WHO HAS INCLUDED TWO OF SUCH
ENVELOPES WITH THE APPLICATION. WHERE AN APPLICANT IS ENTITLED TO A
NOTICE OF DENIAL PURSUANT TO THIS SUBDIVISION, SUCH NOTICE SHALL BE ON A
FORM PRESCRIBED BY THE COMMISSIONER AND SHALL STATE THE REASONS FOR SUCH
DENIAL AND SHALL FURTHER STATE THAT THE APPLICANT MAY HAVE SUCH DETERMI-
NATION REVIEWED IN THE MANNER PROVIDED BY LAW. FAILURE TO MAIL ANY SUCH
APPLICATION FORM OR NOTICES OR THE FAILURE OF SUCH PERSON TO RECEIVE ANY
OF THE SAME SHALL NOT PREVENT THE LEVY, COLLECTION AND ENFORCEMENT OF
THE PAYMENT OF THE TAXES ON PROPERTY OWNED BY SUCH PERSON.
(B) EXCEPT IN CITIES OF ONE MILLION OR MORE, ANY PERSON WHO HAS BEEN
GRANTED EXEMPTION PURSUANT TO THIS SECTION ON FIVE (5) CONSECUTIVE
COMPLETED ASSESSMENT ROLLS, INCLUDING ANY YEARS WHEN THE EXEMPTION WAS
GRANTED TO A PROPERTY OWNED BY A HUSBAND AND/OR WIFE WHILE BOTH RESIDED
IN SUCH PROPERTY, SHALL NOT BE SUBJECT TO THE REQUIREMENTS SET FORTH IN
PARAGRAPH (A) OF THIS SUBDIVISION PROVIDED THE GOVERNING BOARD OF THE
MUNICIPALITY IN WHICH SAID PROPERTY IS SITUATED AFTER PUBLIC HEARING
ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR HOWEVER
SAID PERSON SHALL BE MAILED AN APPLICATION FORM AND A NOTICE INFORMING
HIM OR HER OF HIS OR HER RIGHTS. SUCH EXEMPTION SHALL BE AUTOMATICALLY
GRANTED ON EACH SUBSEQUENT ASSESSMENT ROLL. PROVIDED, HOWEVER, THAT WHEN
TAX PAYMENT IS MADE BY SUCH PERSON A SWORN AFFIDAVIT MUST BE INCLUDED
WITH SUCH PAYMENT WHICH SHALL STATE THAT SUCH PERSON CONTINUES TO BE
ELIGIBLE FOR SUCH EXEMPTION. SUCH AFFIDAVIT SHALL BE ON A FORM
PRESCRIBED BY THE COMMISSIONER. IF SUCH AFFIDAVIT IS NOT INCLUDED WITH
THE TAX PAYMENT, THE COLLECTING OFFICER SHALL PROCEED PURSUANT TO
SECTION FIVE HUNDRED FIFTY-ONE-A OF THIS CHAPTER.
(C) IN CITIES OF ONE MILLION OR MORE, ANY PERSON WHO HAS BEEN GRANTED
EXEMPTION PURSUANT TO THIS SECTION SHALL FILE THE COMPLETED APPLICATION
WITH THE APPROPRIATE ASSESSING AUTHORITY EVERY TWENTY-FOUR MONTHS FROM
THE DATE SUCH EXEMPTION WAS GRANTED WITHOUT THE NECESSITY OF HAVING BEEN
GRANTED EXEMPTION PURSUANT TO THIS SECTION ON FIVE CONSECUTIVE COMPLETED
ASSESSMENT ROLLS INCLUDING ANY YEARS WHEN THE EXEMPTION WAS GRANTED TO A
PROPERTY OWNED BY A HUSBAND AND/OR WIFE WHILE BOTH RESIDED IN SUCH PROP-
ERTY.
13. ANY CONVICTION OF HAVING MADE ANY WILFUL FALSE STATEMENT IN THE
APPLICATION FOR SUCH EXEMPTION, SHALL BE PUNISHABLE BY A FINE OF NOT
MORE THAN ONE HUNDRED DOLLARS AND SHALL DISQUALIFY THE APPLICANT OR
APPLICANTS FROM FURTHER EXEMPTION FOR A PERIOD OF FIVE YEARS.
S. 4599--A 8
14. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS EIGHT AND TWELVE OF
THIS SECTION, THE LOCAL GOVERNING BODY OF A CITY, TOWN, VILLAGE OR COUN-
TY HAVING THE POWER TO ASSESS MAY ADOPT A LOCAL LAW AUTHORIZING THE
ASSESSOR OR ASSESSORS OF SUCH CITY, TOWN, VILLAGE OR COUNTY TO ACCEPT
APPLICATIONS FOR RENEWAL OF EXEMPTIONS PURSUANT TO THIS SECTION AFTER
THE TAXABLE STATUS DATE. SUCH LOCAL LAW SHALL PROVIDE THAT IN THE EVENT
THE OWNER, OR ALL OF THE OWNERS, OF PROPERTY WHICH HAS RECEIVED AN
EXEMPTION PURSUANT TO THIS SECTION ON THE PRECEDING ASSESSMENT ROLL FAIL
TO FILE THE APPLICATION REQUIRED PURSUANT TO THIS SECTION ON OR BEFORE
THE TAXABLE STATUS DATE SUCH OWNER OR OWNERS MAY FILE THE APPLICATION,
EXECUTED AS IF SUCH APPLICATION HAD BEEN FILED ON OR BEFORE THE TAXABLE
STATUS DATE, WITH THE ASSESSOR ON OR BEFORE THE DATE FOR THE HEARING OF
COMPLAINTS.
15. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE LOCAL
GOVERNING BODY OF A MUNICIPAL CORPORATION THAT IS AUTHORIZED TO ADOPT A
LOCAL LAW PURSUANT TO SUBDIVISION FOURTEEN OF THIS SECTION IS FURTHER
AUTHORIZED TO ADOPT A LOCAL LAW PROVIDING THAT WHERE A RENEWAL APPLICA-
TION FOR THE EXEMPTION AUTHORIZED BY THIS SECTION HAS NOT BEEN FILED ON
OR BEFORE THE TAXABLE STATUS DATE, AND THE OWNER BELIEVES THAT GOOD
CAUSE EXISTED FOR THE FAILURE TO FILE THE RENEWAL APPLICATION BY THAT
DATE, THE OWNER MAY, NO LATER THAN THE LAST DAY FOR PAYING TAXES WITHOUT
INCURRING INTEREST OR PENALTY, SUBMIT A WRITTEN REQUEST TO THE ASSESSOR
ASKING HIM OR HER TO EXTEND THE FILING DEADLINE AND GRANT THE EXEMPTION.
SUCH REQUEST SHALL CONTAIN AN EXPLANATION OF WHY THE DEADLINE WAS
MISSED, AND SHALL BE ACCOMPANIED BY A RENEWAL APPLICATION, REFLECTING
THE FACTS AND CIRCUMSTANCES AS THEY EXISTED ON THE TAXABLE STATUS DATE.
THE ASSESSOR MAY EXTEND THE FILING DEADLINE AND GRANT THE EXEMPTION IF
HE OR SHE IS SATISFIED THAT (A) GOOD CAUSE EXISTED FOR THE FAILURE TO
FILE THE RENEWAL APPLICATION BY THE TAXABLE STATUS DATE, AND THAT (B)
THE APPLICANT IS OTHERWISE ENTITLED TO THE EXEMPTION. THE ASSESSOR SHALL
MAIL NOTICE OF HIS OR HER DETERMINATION TO THE OWNER. IF THE DETERMI-
NATION STATES THAT THE ASSESSOR HAS GRANTED THE EXEMPTION, HE OR SHE
SHALL THEREUPON BE AUTHORIZED AND DIRECTED TO CORRECT THE ASSESSMENT
ROLL ACCORDINGLY, OR, IF ANOTHER PERSON HAS CUSTODY OR CONTROL OF THE
ASSESSMENT ROLL, TO DIRECT THAT PERSON TO MAKE THE APPROPRIATE
CORRECTIONS. IF THE CORRECTION IS NOT MADE BEFORE TAXES ARE LEVIED, THE
FAILURE TO TAKE THE EXEMPTION INTO ACCOUNT IN THE COMPUTATION OF THE TAX
SHALL BE DEEMED A "CLERICAL ERROR" FOR PURPOSES OF TITLE THREE OF ARTI-
CLE FIVE OF THIS CHAPTER, AND SHALL BE CORRECTED ACCORDINGLY.
16. (A) (I) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION EIGHT OF
THIS SECTION, WHERE A PERSON WHO MEETS THE REQUIREMENTS FOR AN EXEMPTION
PURSUANT TO THIS SECTION, PURCHASES PROPERTY AFTER THE LEVY OF TAXES,
SUCH PERSON MAY FILE AN APPLICATION FOR EXEMPTION TO THE ASSESSOR WITHIN
THIRTY DAYS OF THE TRANSFER OF TITLE TO SUCH PERSON. THE ASSESSOR SHALL
MAKE A DETERMINATION OF WHETHER THE PARCEL WOULD HAVE QUALIFIED FOR
EXEMPT STATUS ON THE TAX ROLL ON WHICH THE TAXES WERE LEVIED, HAD TITLE
TO THE PARCEL BEEN IN THE NAME OF THE APPLICANT ON THE TAXABLE STATUS
DATE APPLICABLE TO THE TAX ROLL. THE APPLICATION SHALL BE ON A FORM
PRESCRIBED BY THE COMMISSIONER. THE ASSESSOR, NO LATER THAN THIRTY DAYS
AFTER RECEIPT OF SUCH APPLICATION, SHALL NOTIFY BOTH THE APPLICANT AND
THE BOARD OF ASSESSMENT REVIEW, BY FIRST CLASS MAIL, OF THE EXEMPT
AMOUNT, IF ANY, AND THE RIGHT OF THE OWNER TO A REVIEW OF THE EXEMPT
AMOUNT UPON THE FILING OF A WRITTEN COMPLAINT. SUCH COMPLAINT SHALL BE
ON A FORM PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE
BOARD OF ASSESSMENT REVIEW WITHIN TWENTY DAYS OF THE MAILING OF THIS
NOTICE. IF NO COMPLAINT IS RECEIVED, THE BOARD OF ASSESSMENT REVIEW
S. 4599--A 9
SHALL SO NOTIFY THE ASSESSOR AND THE EXEMPT AMOUNT DETERMINED BY THE
ASSESSOR SHALL BE FINAL. IF THE APPLICANT FILES A COMPLAINT, THE BOARD
OF ASSESSMENT REVIEW SHALL SCHEDULE A TIME AND PLACE FOR A HEARING WITH
RESPECT THERETO NO LATER THAN THIRTY DAYS AFTER THE MAILING OF THE
NOTICE BY THE ASSESSOR. THE BOARD OF ASSESSMENT REVIEW SHALL MEET AND
DETERMINE THE EXEMPT AMOUNT, AND SHALL IMMEDIATELY NOTIFY THE ASSESSOR
AND THE APPLICANT, BY FIRST CLASS MAIL, OF ITS DETERMINATION. THE AMOUNT
OF EXEMPTION DETERMINED PURSUANT TO THIS PARAGRAPH SHALL BE SUBJECT TO
REVIEW AS PROVIDED IN ARTICLE SEVEN OF THIS CHAPTER. SUCH A PROCEEDING
SHALL BE COMMENCED WITHIN THIRTY DAYS OF THE MAILING OF THE NOTICE OF
THE BOARD OF ASSESSMENT REVIEW TO THE NEW OWNER AS PROVIDED IN THIS
PARAGRAPH.
(II) UPON RECEIPT OF A DETERMINATION OF EXEMPT AMOUNT AS PROVIDED IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE ASSESSOR SHALL DETERMINE THE PRO
RATA EXEMPTION TO BE CREDITED TOWARD SUCH PROPERTY BY MULTIPLYING THE
TAX RATE OR TAX RATES FOR EACH MUNICIPAL CORPORATION WHICH LEVIED TAXES,
OR FOR WHICH TAXES WERE LEVIED, ON THE APPROPRIATE TAX ROLL USED FOR THE
FISCAL YEAR OR YEARS DURING WHICH THE TRANSFER OCCURRED TIMES THE EXEMPT
AMOUNT, AS DETERMINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, TIMES THE
FRACTION OF EACH FISCAL YEAR OR YEARS REMAINING SUBSEQUENT TO THE TRANS-
FER OF TITLE. THE ASSESSOR SHALL IMMEDIATELY TRANSMIT A STATEMENT OF THE
PRO RATA EXEMPTION CREDIT DUE TO EACH MUNICIPAL CORPORATION WHICH LEVIED
TAXES OR FOR WHICH TAXES WERE LEVIED ON THE TAX ROLL USED FOR THE FISCAL
YEAR OR YEARS DURING WHICH THE TRANSFER OCCURRED AND TO THE APPLICANT.
(III) EACH MUNICIPAL CORPORATION WHICH RECEIVES NOTICE OF PRO RATA
EXEMPTION CREDITS PURSUANT TO THIS SUBDIVISION SHALL INCLUDE AN APPRO-
PRIATION IN ITS BUDGET FOR THE NEXT FISCAL YEAR EQUAL TO THE AGGREGATE
AMOUNT OF SUCH CREDITS TO BE APPLIED IN THAT FISCAL YEAR. WHERE A
PARCEL, THE OWNER OF WHICH IS ENTITLED TO A PRO RATA EXEMPTION CREDIT,
IS SUBJECT TO TAXATION IN SAID NEXT FISCAL YEAR, THE RECEIVER OR COLLEC-
TOR SHALL APPLY THE CREDIT TO REDUCE THE AMOUNT OF TAXES OWED FOR THE
PARCEL IN SUCH FISCAL YEAR. PRO RATA EXEMPTION CREDITS IN EXCESS OF THE
AMOUNT OF TAXES, IF ANY, OWED FOR THE PARCEL SHALL BE PAID BY THE TREAS-
URER OF A MUNICIPAL CORPORATION WHICH LEVIES SUCH TAXES FOR OR ON BEHALF
OF THE MUNICIPAL CORPORATION TO ALL OWNERS OF PROPERTY ENTITLED TO SUCH
CREDITS WITHIN THIRTY DAYS OF THE EXPIRATION OF THE WARRANT TO COLLECT
TAXES IN SAID NEXT FISCAL YEAR.
(B) (I) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS
SECTION, WHERE A PERSON WHO MEETS THE REQUIREMENTS FOR AN EXEMPTION
PURSUANT TO THIS SECTION, PURCHASES PROPERTY AFTER THE TAXABLE STATUS
DATE BUT PRIOR TO THE LEVY OF TAXES, SUCH PERSON MAY FILE AN APPLICATION
FOR AN EXEMPTION TO THE ASSESSOR WITHIN THIRTY DAYS OF THE TRANSFER OF
TITLE TO SUCH PERSON. THE ASSESSOR SHALL MAKE A DETERMINATION WITHIN
THIRTY DAYS AFTER RECEIPT OF SUCH APPLICATION OF WHETHER THE APPLICANT
WOULD QUALIFY FOR AN EXEMPTION PURSUANT TO THIS SECTION ON THE ASSESS-
MENT ROLL IF TITLE HAD BEEN IN THE NAME OF THE APPLICANT ON THE TAXABLE
STATUS DATE APPLICABLE TO SUCH ASSESSMENT ROLL. THE APPLICATION SHALL BE
MADE ON A FORM PRESCRIBED BY THE COMMISSIONER.
(II) IF THE ASSESSOR'S DETERMINATION IS MADE PRIOR TO THE FILING OF
THE TENTATIVE ASSESSMENT ROLL, THE ASSESSOR SHALL ENTER THE EXEMPT
AMOUNT, IF ANY, ON THE TENTATIVE ASSESSMENT ROLL AND, WITHIN TEN DAYS
AFTER FILING SUCH ROLL, NOTIFY THE APPLICANT OF THE APPROVAL OR DENIAL
OF SUCH EXEMPTION, THE EXEMPT AMOUNT, IF ANY, AND THE APPLICANT'S RIGHT
TO REVIEW BY THE BOARD OF ASSESSMENT REVIEW.
(III) IF THE ASSESSOR'S DETERMINATION IS MADE AFTER THE FILING OF THE
TENTATIVE ASSESSMENT ROLL, THE ASSESSOR SHALL PETITION THE BOARD OF
S. 4599--A 10
ASSESSMENT REVIEW TO CORRECT THE TENTATIVE OR FINAL ASSESSMENT ROLL IN
THE MANNER PROVIDED IN TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER, WITH
RESPECT TO UNLAWFUL ENTRIES, IN THE CASE OF WHOLLY EXEMPT PARCELS, AND
WITH RESPECT OF CLERICAL ERRORS, IN THE CASE OF PARTIALLY EXEMPT
PARCELS, IF THE ASSESSOR DETERMINES THAT AN EXEMPTION SHOULD BE GRANTED
AND, WITHIN TEN DAYS OF PETITIONING THE BOARD OF ASSESSMENT REVIEW,
NOTIFY THE APPLICANT OF THE APPROVAL OR DENIAL OF SUCH EXEMPTION, THE
AMOUNT OF SUCH EXEMPTION, IF ANY, AND THE APPLICANT'S RIGHT TO ADMINIS-
TRATIVE OR JUDICIAL REVIEW OF SUCH DETERMINATION PURSUANT TO ARTICLE
FIVE OR SEVEN OF THIS CHAPTER, RESPECTIVELY.
(C) IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM TAXA-
TION AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED ON
THE FINAL ASSESSMENT ROLL, THE ASSESSOR SHALL PETITION THE BOARD OF
ASSESSMENT REVIEW TO CORRECT THE FINAL ASSESSMENT ROLL.
(D) IF, FOR ANY REASON, THE PRO RATA TAX CREDIT AS PROVIDED IN PARA-
GRAPH (A) OF THIS SUBDIVISION IS NOT EXTENDED AGAINST THE TAX ROLL IMME-
DIATELY SUCCEEDING THE FISCAL YEAR DURING WHICH THE TRANSFER OCCURRED,
THE ASSESSOR SHALL IMMEDIATELY NOTIFY THE MUNICIPAL CORPORATION WHICH
LEVIED THE TAX OR FOR WHICH THE TAXES WERE LEVIED OF THE AMOUNT OF PRO
RATA EXEMPTION CREDITS FOR THE YEAR IN WHICH SUCH TRANSFER OCCURRED.
SUCH MUNICIPAL CORPORATION SHALL PROCEED AS PROVIDED IN SUBPARAGRAPH
(III) OF PARAGRAPH (A) OF THIS SUBDIVISION.
(E) IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM TAXA-
TION AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED ON
THE TAX ROLL FOR THE YEAR IMMEDIATELY SUCCEEDING THE FISCAL YEAR DURING
WHICH THE TRANSFER OCCURRED, THE ASSESSOR SHALL DETERMINE THE PRO RATA
TAX EXEMPTION CREDIT FOR SUCH TAX ROLL BY MULTIPLYING THE TAX RATE OR
TAX RATES FOR EACH MUNICIPAL CORPORATION WHICH LEVIED TAXES OR FOR WHICH
TAXES WERE LEVIED TIMES THE EXEMPT AMOUNT AND SHALL IMMEDIATELY NOTIFY
SUCH MUNICIPAL CORPORATION OR CORPORATIONS OF THE PRO RATA EXEMPTION
CREDITS FOR SUCH TAX ROLL. SUCH MUNICIPAL CORPORATION SHALL ADD SUCH PRO
RATA EXEMPTION CREDITS FOR SUCH PROPERTY TO ANY OUTSTANDING PRO RATA
EXEMPTION AMOUNTS AND PROCEED AS PROVIDED IN SUBPARAGRAPH (III) OF PARA-
GRAPH (A) OF THIS SUBDIVISION.
17. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF THIS SECTION SHALL APPLY TO REAL PROPERTY IN WHICH A
PERSON OR PERSONS HOLD A LEGAL LIFE ESTATE OR WHICH IS HELD IN TRUST
SOLELY FOR THE BENEFIT OF A PERSON OR PERSONS IF SUCH PERSON OR PERSONS
WOULD OTHERWISE BE ELIGIBLE FOR A REAL PROPERTY TAX EXEMPTION, PURSUANT
TO SUBDIVISION ONE OF THIS SECTION, WERE SUCH PERSON OR PERSONS THE
OWNER OR OWNERS OF SUCH REAL PROPERTY.
18. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON THE
REQUEST OF AN ASSESSOR, THE COMMISSIONER MAY DISCLOSE TO THE ASSESSOR
THE NAMES AND ADDRESSES OF THE OWNERS OF PROPERTY IN THAT ASSESSOR'S
ASSESSING UNIT WHO ARE RECEIVING THE ENHANCED STAR EXEMPTION OR ENHANCED
STAR CREDIT AND WHOSE FEDERAL ADJUSTED GROSS INCOME IS LESS THAN THE
AMOUNT SPECIFIED BY SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVISION
ONE OF THIS SECTION. IN NO CASE SHALL THE COMMISSIONER DISCLOSE TO AN
ASSESSOR THE AMOUNT OF AN OWNER'S FEDERAL ADJUSTED GROSS INCOME.
(B) THE ASSESSOR MAY USE THE INFORMATION CONTAINED IN SUCH A REPORT TO
CONTACT THOSE OWNERS WHO ARE NOT ALREADY RECEIVING THE EXEMPTION AUTHOR-
IZED BY THIS SECTION AND TO SUGGEST THAT THEY CONSIDER APPLYING FOR IT.
PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS
ENABLING ANY PERSON OR PERSONS TO QUALIFY FOR THE EXEMPTION AUTHORIZED
BY THIS SECTION ON THE BASIS OF THEIR FEDERAL ADJUSTED GROSS INCOME,
S. 4599--A 11
RATHER THAN ON THE BASIS OF THEIR INCOME AS DETERMINED PURSUANT TO THE
PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION.
(C) INFORMATION DISCLOSED TO AN ASSESSOR PURSUANT TO THIS SUBDIVISION
SHALL BE USED ONLY FOR PURPOSES OF REAL PROPERTY TAX ADMINISTRATION. IT
SHALL BE DEEMED CONFIDENTIAL OTHERWISE, AND SHALL NOT BE SUBJECT TO THE
PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
§ 2. Subdivision 2 of section 467 of the real property tax law is
REPEALED.
§ 3. This act shall take effect immediately.